CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to the Department of Parks and Recreation and Seattle Public Utilities; transferring partial jurisdiction of a portion of the property formerly known as the Sound Way Property, in the West Duwamish Greenbelt, from the Department of Parks and Recreation to Seattle Public Utilities for maintenance, repair and operation of existing drainage facilities.

WHEREAS, by Ordinance 123516 (January 2011) portions of streets, alleys and blocks known as the Sound Way Property, located in the West Duwamish Greenbelt, were vacated and placed under the jurisdiction of the Department of Parks and Recreation (DPR); and

WHEREAS, in 1972 the Seattle Engineering Department constructed a drainage collection and conveyance system composed of approximately 250 linear feet of 18-inch to 30-inch diameter pipe, three maintenance holes, concrete headwall diversion structure, overflow basin, and rock lined open drainage channel to improve an existing drainage asset located in this same area (drainage facilities). These drainage facilities collect and convey an unnamed natural water course following a southeasterly direction from the Riverview Playfield; and

WHEREAS, in 1997, after the merger of the Seattle Engineering and Seattle Water Departments, ownership, operation and maintenance of the drainage facilities became the responsibility of Seattle Public Utilities (SPU); and

WHEREAS, as a condition of the Sound Way street vacation, DPR pledged to work cooperatively with SPU on the previously installed drainage facilities; and

WHEREAS, DPR and SPU have determined that it would be to their mutual benefit to transfer partial jurisdiction of the area occupied by the drainage facilities from DPR to SPU to facilitate efficient maintenance, repair and operation of the drainage facilities by SPU; and

WHEREAS, because the drainage facilities existed long before Sound Way was vacated and the street vacation was subject to the continuing operation and maintenance of the drainage facilities, the requirements of Ordinance 118477 (Initiative 42) are not applicable; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Such limited and partial jurisdiction of the following described real property (Use Area) as shall be necessary for the continued use, operation, maintenance and repair of existing drainage facilities, including approximately 250 linnear feet of 18-inch to 30-inch diameter pipe, three maintenance holes, concrete headwall diversion structure, overflow basin, and rock lined open drainage channel, is hereby transferred from the Department of Parks and Recreation to Seattle Public Utilities on the conditions that (a) Seattle Public Utilities shall give the Department of Parks and Recreation at least 72 hours notice of intent to access the Use Area for maintenance and repair, except in case of emergency; (b) after any maintenance and repair of all or any portion of the drainage facilities, Seattle Public Utilities will restore the Use Area as nearly as possible to the condition existing immediately prior to such maintenance and repair at Seattle Public Utilities' expense; and (c) Seattle Public Utilities shall not use any park land outside of the Use Area, except for access purposes permitted in Section 2 below, for such maintenance and/or repair without the prior written approval of the Department of Parks and Recreation:

PTJO TO SPU FOR STORM DRAIN MAINTENANCE ON DO 82854 & Park Parcel AFN 3024049108

That portion of the NE 1/4 of Section 30, Township 24 North, Range 4 East, Willamette Meridian, in the City of Seattle, King County, Washington as follows:

Commencing at the intersection of the centerline of Southwest Michigan Street and the centerline tangent of West Marginal Way Southwest, being marked by a concrete monument in steel case; thence South 86 degrees 02'47" West along the centerline of Southwest Michigan Street a distance of 146.20 feet to the intersection with the centerline of Detroit Avenue Southwest, being marked by a concrete monument in steel case; thence continuing South 86 degrees 02'47 West along the centerline of Southwest Michigan Street a distance of 42.48 feet to an intersection with the westerly margin of Detroit Avenue Southwest extended from the north; thence North 23 degrees 37'41" West along said extension of the westerly margin of Detroit Avenue Southwest a distance of 47.79 feet to an intersection with the northerly margin of Southwest Michigan Street; thence continuing North 23 degrees 37'41" West along said westerly margin a distance of 63.31 feet to an intersection with the centerline of a 24 inch storm drain pipe as depicted on City of Seattle Vault Plan 774-11 and the True Point of Beginning of a 20 foot wide parcel description lying 10 feet on either side of the following line:

Thence South 82 degrees 58'51" West along said 24 inch drain pipe a distance of 209.56 feet to MH 2, as designated on said Vault Plan 774-11; Thence South 74 degrees 24'40" West continuing along said 24 inch drain pipe a distance of 42.06 feet to an intersection with a line that is parallel with and 35 feet distant from the westerly line of a parcel of land described in City of Seattle Deed Ordinance 82854, said point being the terminus of the 20 foot wide parcel description is designated herein as Point "A"; (containing 5032.4 sf)

TOGETHER WITH :

Commencing at Point "A"; Thence South 30 degrees 01'47" East along said parallel line a distance of 83.22 feet more or less to the northerly margin of Highland Park Way Southwest as established in City of Seattle Condemnation Ordinance 82492; Thence South 85 degrees 38'34" West a distance of 23.56 feet to an angle point in the northerly margin of Highland Park Way Southwest;

Thence South 66 degrees 23'54" West along said northerly margin a distance of 13.85 feet to an intersection with the westerly line of a parcel of land described in City of Seattle Deed Ordinance 82854 and is designated herein as Point "B"; Thence North 30 degrees 01'47" West along the westerly line of said parcel of land a distance of 135.07 feet; Thence leaving said westerly line North 66 degrees 23'54" East a distance of 35.22 feet to an intersection with a line parallel with and 35 feet distant northeasterly of said westerly line; Thence South 30 degrees 01'47" East along said parallel line a distance of 59.67 feet to Point "A". (containing 4810.6 sf)

TOGETHER WITH:

Commencing at Point "B"; Thence South 66 degrees 23'54" West along the northerly margin of Highland Park Way Southwest as established in City of Seattle Condemnation Ordinance 82492 a distance of 90.00 feet; Thence leaving said northerly margin North 23 degrees 36'06" West a distance of 134.22 feet; Thence North 66 degrees 23'54" East a distance of 74.88 feet to the westerly line of a parcel of land described in City of Seattle Deed Ordinance 82854; Thence South 30 degrees 01'47" East along said westerly line a distance of 135.07 feet to Point "B". (containing 11065.3 sf)

(Side lines of the 20 foot wide linear portion of the parcel description to be extended or shortened to close on the beginning and ending boundary lines.

Total Area = 20908.3 sf)

Section 2: In order to reach the Use Area, Seattle Public Utilities shall have reasonable pedestrian access across the adjacent park land, or vehicular access if required for maintenance or repair, but only on surfaces capable of supporting the weight of the vehicles, so as not to damage park land, vegetation or improvements. Seattle Public Utilities shall restore any park land, vegetation or improvements damaged by such access as nearly as possible to the condition existing immediately prior to such maintenance and repair at Seattle Public Utilities' expense.

Section 3. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this

_____ day of ___________________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

Monica Martinez Simmons, City Clerk

(Seal)

Chip Nevins DPR SPU PTJO 12 ORD August 20, 2012 Version #5